A Naples investment fraud lawyer can examine your account for signs of misconduct and advise you on your options for recovering your losses. For many investors, FINRA arbitration is the best path to recovery.
Kurta Law helps investors in Lely Resort, Pelican Bay, Golden Gate and other South Florida communities pursue claims of unauthorized trading, deceptive advertising, recommendations of high-risk investments, and other misconduct. We gather evidence to support our clients’ cases and advocate for their interests during the arbitration process.
If your broker’s claims don’t seem to match up to the reality of your portfolio, reach out to Kurta Law for a structured case evaluation and discussion of your next steps.
What Leads Investors to Naples Investment Fraud Lawyers
Investors seek out investment fraud attorneys when their portfolios fail to meet their expectations. Mismanagement often involves several key areas.
Unsuitable Investment Recommendations
Some of the most common allegations securities fraud lawyers see involve violations of the Suitability Rule. Unsuitable investments fail to align with an investor’s financial goals, leading to avoidable losses.
Common examples of unsuitable investments include:
- Excessively risky investments in light of your risk tolerance
- Illiquid investments for investors who need regular access to cash
- Investments with high fees, especially when lower-cost options are available
- Recommendations of margin trading, which amplifies risk and costs
Naples investment fraud lawyers look at your risk tolerance, liquidity needs, net worth, and other aspects of your financial situation when evaluating the suitability of an investment.
Misleading Communications and Risk Disclosures
Brokers must provide their clients with a fair and balanced view of potential investments, providing disclosures of risks, fees, and their conflicts of interest in transactions. When brokers misrepresent or omit important information about investments, strategies, or their trading activity, investors lose the ability to make independent investment decisions.
The use of deceptive or manipulative tactics may violate several SEC regulations and FINRA Rules. You can learn more about these standards on FINRA’s Conflicts of Interest page.
Unauthorized or Excessive Transactions
Investors may pick up on unusual trading activity when they take a closer look at their account statements. Unauthorized transactions and excessive trading can slip under the radar until investors start doing the math on their expenses.
Investment fraud attorneys can identify misconduct in your broker’s trading activity by examining trade confirmations, monthly account statements, and calculating the costs of trading compared to your account value.
If you aren’t sure whether your broker’s trading is cause for suspicion, FINRA has provided guidance for investors on recognizing signs of unusual trading activity that can lead to investment fraud claims.
Fraud Claims May Involve Common Investment Vehicles
Unscrupulous brokers may take advantage of their clients’ trust or lack of investing experience to carry out fraudulent schemes. Complex or private investments can be difficult for investors to research on their own, and some brokers exploit this for their own gain.
Kurta Law securities fraud lawyers assist investors with misconduct claims involving a wide range of investments, including:
- 1031 Exchanges
- 1035 Exchanges
- Alternative Investments
- Brokered CDs
- Business Development Companies (BDCs)
- Closed-End Funds
- Collateralized Loan Obligations (CLOs)
- Conservation Easements
- Cryptocurrency
- Direct Participation Program
- Energy Investments
- Equity-Linked Notes
- Exchange-Traded Funds (ETFs)
- Futures
- Inverse Exchange-Traded Funds
- Junk Bond Frauds
- Managed Futures Funds
- Master Limited Partnerships (MLPs)
- Options
- Penny Stocks
- Preferred Securities
- Private Placements
- REITs and Non-Traded REITs
- Reverse Convertible Notes
- Securities-Backed Lines of Credit
- Single Premium Immediate Annuity (SPIA)
- Solicited vs. Unsolicited Trades
- Special Purpose Acquisition Companies (SPACs)
- Structured Products
- Unit Investment Trusts (UITs)
- Variable Annuities
- Variable Universal Life Insurance (VULs)
Investment fraud attorneys evaluate whether a recommended investment was too risky for you using marketing materials, investment prospectuses, and risk discussions between you and your broker. Placing this information in the context of your investor profile and financial situation can reveal regulatory violations.
Investments Often Connected to Fraud Claims
Investigating investment fraud requires in-depth knowledge of securities regulations as well as how investment products work.
Naples investment fraud lawyers have experience identifying the following forms of investment fraud:
- Breach of Contract
- Breach of Fiduciary Duty
- Boiler Rooms
- Cherry-Picking
- Churning or Excessive Trading
- Elder Financial Abuse
- Excessive Commissions
- Failure to Execute
- Failure to Supervise
In some cases, investment fraud investigations reveal signs of supervisory failures. If a brokerage firm fails to catch fraud before it happens, a securities fraud attorney can argue its failure to supervise led to financial harm.
How FINRA Arbitration Works
Brokerage account opening agreements frequently require investors to take their disputes to FINRA arbitration. This process generally works faster than civil court, typically producing an enforceable and binding decision in 12 to 18 months.
In arbitration, you present your case to a panel of neutral arbitrators chosen by you and the firm. The arbitrators will consider your evidence against the firm’s defenses, hearing testimony from expert witnesses who can provide analysis of your evidence.
Securities fraud lawyers use their knowledge of securities laws, the standards of conduct in the financial industry, how brokerage firms work, and the arbitration process to evaluate investors’ claims and advise them on their options.
During your hearing, your investment fraud attorney will illustrate how mismanagement, fraud, supervisory failures, or other financial misconduct contributed to your losses.
Why Choose the Naples Investment Fraud Lawyers at Kurta Law
While FINRA arbitration offers a simpler avenue to resolution than civil court, it can still be an overwhelming process for investors to go through alone. The securities fraud lawyers at Kurta Law rigorously advocate for our clients so you can focus on financial recovery.
A structured case review by an investment fraud attorney can reveal evidence of investment fraud that can be used to evaluate the strength of your claim and form the foundation of your case.
In arbitration, your attorney will persuade arbitrators using your evidence and expert witness testimony to connect your broker’s misconduct to your losses.
Naples And Other Areas We Serve
The securities fraud lawyers at Kurta Law represent investors across South Florida, including the following communities:
- Golden Gate
- Pelican Bay
- Naples Park
- Vineyards
- Island Walk
- Naples Manor
- Bonita Springs
- Marco Island
- Lely Resort
- North Naples
- East Naples
- Park Shore
For a list of our other Florida locations, visit our Florida Investment Attorney page.
Talk to a Naples Investment Fraud Lawyer
If you have doubts about your broker’s claims, Kurta Law can help. Our Naples investment fraud lawyers help clients recover their losses arising from unsuitable investment recommendations, unauthorized trading, portfolio mismanagement, and other misconduct.
Reach out to Kurta Law for a no-cost case evaluation and a discussion of your options.